New Jersey Executive Order-138
EXECUTIVE ORDER NO. 138
WHEREAS, on March 9, 2020, through Executive Order No. 103 (2020), the facts and circumstances of which are adopted by reference herein, I declared both a Public Health Emergency and a State of Emergency throughout the State due to the public health hazard created by Coronavirus disease 2019 (“COVID-19”); and
WHEREAS, Executive Order No. 103 (2020) described both the symptoms and dangers presented by COVID-19 and the likelihood of community spread across the State, and it recognized the need to use all available statewide authorities to prepare for and respond to COVID-19 cases in New Jersey, to implement appropriate measures to mitigate the spread of COVID-19, and to prepare in the event of an increasing number of individuals requiring medical care or hospitalization; and
WHEREAS, as COVID-19 continued to spread across New Jersey and an increasing number of individuals required medical care or hospitalization, I issued a series of Executive Orders pursuant to my authority under the New Jersey Civilian Defense and Disaster Control Act and the Emergency Health Powers Act (“EHPA”), to protect the public health, safety, and welfare against the emergency created by COVID-19, including Executive Order Nos. 104-133 and 135-137 (2020), the facts and circumstances of which are all adopted by reference herein; and
WHEREAS, N.J.S.A. 26:13-3(b) establishes that a Public Health Emergency declared by the Governor shall automatically terminate after 30 days, unless renewed for an additional 30 days through a declaration of the Governor; and
WHEREAS, on April 7, 2020, I issued Executive Order No. 119 (2020), which declared that the Public Health Emergency declared in Executive Order No. 103 (2020) continues to exist; and
WHEREAS, since the Public Health Emergency was renewed on April 7, 2020, at which time there were 41,000 positive cases of COVID-19 in New Jersey, the COVID-19 outbreak has continued to present a public health hazard in New Jersey, in the region, and across the United States; and
WHEREAS, on January 31, 2020, the United States Department of Health and Human Services (“HHS”) Secretary declared a public health emergency for the United States to aid the nation’s healthcare community in responding to COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States declared a national emergency pursuant to his constitutional and statutory powers, including those granted by Sections 201 and 301 of the National Emergencies Act, 50 U.S.C. § 1601, et seq., and consistent with Section 1135 of the Social Security Act, as amended, 42 U.S.C. § 1320b-5; and
WHEREAS, the emergency declarations by the President and the HHS Secretary remain in effect today; and
WHEREAS, also on March 13, 2020, the President determined that the COVID-19 pandemic was of sufficient severity and magnitude to warrant an emergency declaration under Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (“Stafford Act”), 42 U.S.C. § 5121-5207, which remains in effect today; and
WHEREAS, on March 25, 2020, the President determined that the COVID-19 pandemic was of sufficient severity and magnitude to warrant a major disaster declaration under Section 401 of the Stafford Act, 42 U.S.C. § 5121-5207, which remains in effect today; and
WHEREAS, as of May 5, 2020, according to the World Health Organization, there were over 3,517,000 confirmed cases of COVID-19 worldwide, with over 243,000 of those cases having resulted in death; and
WHEREAS, as of May 5, 2020, according to the Centers for Disease Control and Prevention (CDC), there were over 1,171,000 confirmed cases of COVID-19 in the United States, with over 68,000 of those cases having resulted in death; and
WHEREAS, as of May 5, 2020, there were over 130,000 positive cases of COVID-19 in New Jersey, with at least 8,244 of those cases having resulted in death; and
WHEREAS, as of May 5, 2020, there were positive cases of COVID-19 in every county in New Jersey, and there have been deaths relating to COVID-19 in every county in New Jersey; and
WHEREAS, although the State’s social distancing measures have helped to slow the increase of COVID-19 cases and deaths in New Jersey, the total number of COVID-19 cases and deaths in New Jersey has continued to rise, and would rise at an even more precipitous rate absent these important measures; and
WHEREAS, although the State has made all reasonable efforts to procure medical resources from the federal government, existing State supplies, donations, and private sector purchasing, the availability of medical resources in the State remains a serious concern, and the emergency measures the State has taken to address these needs must continue at this time; and
WHEREAS, the Commissioner of the Department of Health (“DOH”) has also determined that the State needs the help of additional qualified health, mental health, and related professionals to supplement our healthcare capacity on a temporary basis to address the health care needs relating to the COVID-19 outbreak, and the emergency measures the State has taken to address these needs must continue at this time; and
WHEREAS, there are hundreds of law enforcement officers in New Jersey currently unable to report to duty because they tested positive for COVID-19 or are currently in quarantine, and the emergency measures the State has taken to address these needs must continue at this time; and
WHEREAS, the spread of COVID-19 has greatly strained the resources and capabilities of county and municipal governments, including public health agencies, that provide essential services for containing and mitigating the spread of contagious diseases, and the situation is too large in scope to be handled entirely by the normal county and municipal operating services; and
WHEREAS, the facts as set forth above and consultation with the Commissioner of DOH confirm that the spread of COVID-19 in New Jersey constitutes an ongoing public health hazard that threatens and presently endangers the health, safety, and welfare of the residents of one or more municipalities or counties of the State, and it is necessary and appropriate to take action against this public health hazard to protect and maintain the health, safety, and welfare of New Jersey residents and visitors; and
WHEREAS, the facts as set forth above and consultation with the Commissioner of DOH confirm that there exists a public health emergency in the State; and
WHEREAS, the Constitution and statutes of the State ofbNew Jersey, particularly the provisions of N.J.S.A. 26:13-1 et seq., N.J.S.A. App. A: 9-33 et seq., N.J.S.A. 38A:3-6.1, and 38A:2-4 and all amendments and supplements thereto,
confer upon the Governor of the State of New Jersey certain emergency powers, which I have invoked;
NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby DECLARE and PROCLAIM that the Public Health Emergency declared in Executive Order No. 103 (2020) pursuant to the EHPA, N.J.S.A. 26:13-1, et seq., continues to exist throughout the State of New Jersey, and I hereby ORDER and DIRECT:
- All Executive Orders adopted in whole or in part based on the authority under the EHPA to respond to the Public Health Emergency presented by the COVID-19 outbreak remain in full force and effect.
- All actions taken by any Executive Branch departments and agencies in whole or in part based on the authority under the EHPA to respond to the Public Health Emergency presented by the COVID-19 outbreak, or in whole or in part based on authority delegated by any Executive Orders described in Paragraph 1 of this Order, including but not limited to any Administrative Orders, remain in full force and effect.
- For purposes of this Order, “Executive Branch departments and agencies” shall mean any of the principal departments in the Executive Branch of State government and any agency, authority, board, bureau, commission, division, institution, office, or other instrumentality within or created by any such department, and any independent State authority, commission, instrumentality, or agency over which the Governor exercises executive authority, as determined by the Attorney General.
- This Order shall take effect immediately.
GIVEN, under my hand and seal this 6th day of May,
Two Thousand and Twenty, and of the Independence of the United States, the Two Hundred and Forty-Fourth.
/s/ Philip D. Murphy Governor
/s/ Matthew J. Platkin
Chief Counsel to the Governor